“Damages” in Personal Injury Law: What Are They and How Are They Decided?

You’re in a spot no one wants to be in—the middle of a personal injury suit—and on top of the harm you’ve suffered, there is now a slew of legal jargon to contend with.
So, what exactly are “damages”?
Put simply, “damages” is the monetary value attached to the injury you’ve suffered as the result of a car accident, slip and fall, or other type of incident that has caused harm to your person. Since the person who wronged you cannot turn back the clock and prevent your injuries, damages are paid as compensation for the injury suffered.
How will appropriate damages for your injury be determined?
 
1. Present and Future Impact
Remember, “personal injury” applies not only to physical injuries, but also emotional and mental injuries. Your personal injury lawyer will take into account any physical loss, as well as other factors such as the effect on future ability to work, whether for physical or mental health reasons, and the pain and suffering caused by the inability to continue activities you love to do.
 
2. Your Actions
When assessing damages, your lawyer will also factor in your actions at the time of the incident. Were you in a car accident? Were you wearing a seatbelt? Were you speeding? That affects the amount of damages you will be rewarded by the court.
 
3. Case Law
Another important factor in determining damages is case law. At DBM we not only have experience in dealing with numerous personal injury suits, but also knowledge of damages awarded in historical cases in British Columbia that have set precedent for cases similar to yours.
 
For more information on assessing damages and personal injury law, contact us here.